Yum Organics

Terms & Conditions

Yum Organics is the owner of this website and openly welcomes you to participate and be a part of our community by browsing this website. By browsing this website you agree to our terms and conditions of use of this website.

Information on this site is not to be taken professional or medical advice, no therapeutic or medical claims are either implied or made.

Medical treatment or use of medications should not be altered without the consent of your medical practitioner.

Parties

Yum Organics ("We, us, our") is an importer, exporter and distributor of goods related to but not limited to organic products ("the Goods"). We have agreed to sell and the customer named in the Order ("you") has agreed to buy Goods by placing a purchase order ("Order") with us online.

Proprietary Rights

I. Copyrights

All Website materials, including, without limitation, the Yum Organics logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, "Content") are either ALL RIGHTS RESERVED Copyright 2009 Yum Organics are the proprietary property of our affiliates or licensors. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without our prior written permission is strictly prohibited.

II. Trademarks

"Yum Organics," and all other trademarks on this Website are either trademarks or registered trademarks of ours and our licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of us. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Yum Organics, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.

We may have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any web pages, and any software that are part of the Website. Unless we have granted you licenses to our intellectual property in this Notice, our providing you with such web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Hyperlinks

You are granted a limited, nonexclusive right to create a hyperlink to the homepage of this Website only, provided such link does not portray us or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Yum Organics trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on any page of the Website, without our express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of ours or any third party.

Third-Party Content & Services

Our suggested links are for the browser's convenience and we make no representations of warranties regarding their accuracy, availability, suitability or safety. Visitors assume all responsibility and risk with respect to their use of this website. We disclaim all warranties, representations and endorsements, including but not limited to all express and implied warranties. We do not warrant the website as free of computer viruses, bugs or other harmful components.

Disclaimer

We publish information on our website as a convenience to our visitors. Every attempt is made to provide accurate and timely information. From time to time, there may however be technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to our website at any time without notice. We do not have a duty to update this website, or modify content or code. It is your responsibility to verify any information contained in this website before relying on it.

Submissions

By submitting, disclosing or offering any recipe, review, comments, feedback, forum posts, blog posts, suggestions, ideas, notes, concepts and other information, content or material, or other item (each, a "Submitted Item") to us, either online or offline and whether or not solicited by us, you hereby grant to us an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party.

You hereby represent and warrant that (a) you have all necessary right, power and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at our expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by us to effect, perfect and confirm the license granted to us to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at our sole discretion and we are under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by us, we will include your name in conjunction with such publication, posting or use. By submitting, disclosing or offering a Submitted Item, you hereby grant us the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and email address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your username and not your email address will be published with your Submitted Item.

User Conduct

This Website may include discussion forums or other interactive areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Website. You agree not to use the Website to do any of the following:

  1. Upload, post, email, transmit, distribute or otherwise publish any message, information, text or other material ("Material") that we deem to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
  2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of any security exchange commissions, like, but not limited to, The Australian Securities Exchange and The New York Stock Exchange,;
  3. Upload, email, transmit or otherwise make available any Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  5. Without our written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters;
  6. Harm minors in any way; or
  7. Upload, post, email, transmit or otherwise make available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Indemnification

You agree to indemnify and hold us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of our Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Yum Organics Website or through our Services causes us to be liable to another.

Removal and Disclosure

We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe may subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

Dispute Resolution

You agree with us that if there is a problem with any aspect, we will try to resolve it between ourselves. If the problem cannot be resolved by negotiation, the matter will be referred to mediation before a mediator approved by the Law Institute of Victoria and both parties will participate in the mediation process in Good faith. Failing mediation, the matter will then be submitted to arbitration in accordance with the Commercial Arbitration Act 1984 (Vic). During the arbitration, we may both be represented by a lawyer. We each agree to bear our own legal costs. You agree with us that litigation in our relationship will only be used as a last resort.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Melbourne, Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

Termination

We reserve the right, without notice and at our sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and Submissions.

Severability

If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.

Members Terms & Conditions, Shopping ( T&Cs) to be agreed when signing as a member.

This Agreement is between You and Yum Organics ("We, us, our") trading as Yum Organics. We are an importer, exporter and distributor of goods related to but not limited to organic products ("the Goods"). It sets out the terms and conditions under which You may purchase products online from Us. Please read the following terms and conditions carefully before becoming a member.

1. Acceptance of Terms and Conditions

By completing the member sign up process and using this website, You agree to be bound by the terms and conditions of this Agreement. Each subsequent order You make will be bound by this Agreement.

2. Price

You will pay the price for the Goods as detailed on the Order and in our current price list.

3. Payment Terms

You must pay the Price in relation to each Order to us upon placement of the Order.

4. Orders

4.1 You will place an Order with Us by selecting Goods and pressing the "Complete Order" button. Orders will be deemed to have been received by Us at the time of successful transmission of the Order.

4.2 We may decline any Order by giving you written notice within 3 days of receipt of the Order for any reason including but not limited to: a) our inability to fill the order due to unavailability from the manufacturer;

4.3 Orders may not be cancelled and must be fully paid for. We may in our absolute discretion allow cancellation due to extenuating circumstances, but you must notify us by email of the proposed cancellation no later than 2pm on the day of your Order. If your Order is made after 2pm, then your must notify us by email no later than 2pm the following business day.

5. Delivery

5.1 All Orders received before 2pm will be processed for shipment the following business day. We will deliver the Goods to the address specified on the Order within 3 business days, except to Perth, Darwin and Regional Areas, when delivery will be made within 5 business days, from the day the Goods are processed for shipment.

5.2 We will ensure each Order is safely and securely packed for transportation to you.

5.3 We will not be liable for any delay in or failure to deliver the Goods caused by circumstances beyond our reasonable control.

6. Returns

We will not accept returns except where the Goods delivered are not the Goods ordered or the Goods are damaged prior to acceptance of delivery. You must notify us of returns in writing within 5 business days of delivery together with proof of damage otherwise you forfeit your right to return the Goods.

7. Minimum Order Value

There is a minimum of $35.50 on all Yum Organics Order's.

8. Packaging & Labeling of Goods

We aim to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to You. We do not warrant the accuracy of the information contained in the Product List and recommend that You read the labels on Goods carefully before consuming the Goods.

9. Passing of Title & Risk

9.1 Title to the Goods passes to you once we receive payment in full from you.

9.2 Risk in each order passes to you upon delivery of that order by you.

10. GST

Under the New Tax System (Goods and Services Tax) Act 1999 (Cth) all goods deemed dutiable for Goods and Services Tax will include these costs in the final price on check out.

11.Warranties and Limitation of Liability

11.1 We warrant that the Goods advertised as organic will have Organic Certification from a recognized certification body. Apart from this warranty, as far as the law allows, we make no other warranties in relation to the quality or suitability of the Goods for any particular use. Any information or advice provided by us is given in Good faith, and we will not be liable for any direct or consequential loss or damage arising from your use or the ultimate consumer's use of the Goods.

11.2 If we are in breach of the above warranty, our liability will be limited to re-supplying the Goods or refunding you the price of your Order. We will not be liable for any other damages except for any liability that we cannot exclude by law.

12. Username and Password

You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You agree to release and indemnify Us in relation to any liability arising out of the unauthorised use of your user name and/or password.

13. If part of the Terms and Conditions is invalid

If any part of these terms and conditions is or becomes invalid, that part will be severed. This will not affect the validity of the remaining terms and conditions.

14. Dispute resolution in case we encounter a problem

You agree with us that if there is a problem with any aspect of your order, we will try to resolve it between ourselves. If the problem cannot be resolved by negotiation, the matter will be referred to mediation before a mediator approved by the Law Institute of Victoria and both parties will participate in the mediation process in Good faith. Failing mediation, the matter will then be submitted to arbitration in accordance with the Commercial Arbitration Act 1984 (Vic). During the arbitration, we may both be represented by a lawyer. We each agree to bear our own legal costs. You agree with us that litigation in our relationship will only be used as a last resort.

15. Governing law

The laws of Victoria, Asutralia apply to these Terms and Conditions and any disputes will be heard in the courts and tribunals of that State.

16. Notification of Changes

We may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in Clause 19. Your use of the Yum Organics website after notice will constitute your deemed acceptance of such changes

17. Termination

We reserve the right, without notice and at our sole discretion at any time, to terminate your membership to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and Submissions. If this occurs you will be notified as provided in Clause 19.

18. Notice

We may give you notice by electronic mail, conventional mail to your address contained in your membership account information or notice posting on the Yum Organics website. You may give notice to Us by electronic mail to customercare@yumorganics.com.

19. Notice

Please visit our Privacy Policy by clicking the link at the bottom of this page.

20. Notice

You acknowledge and agree that the above terms and conditions supplement (and do not limit in any way) the Terms and Conditions of Use of this website.

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